Ramdeo Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24501 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Ramdeo Prajapat Son of Late Nanhak Prajapat Resident of MohallaSahmir Takiya Near Durga Asthan, P.S.- Civil Lines, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Civil Lines P.S. Case No. 123 of 2015 registered for the offences punishable under Sections 147, 149, 323, 337, 338, 307, 354, 379, 504, 506 of the Indian Penal Code, Sections 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act. Petitioner is named in the first information report but submission on behalf of the petitioner is that the informant and his family members encroached the public land

for which a petition was given to Municipal Commissioner, Gaya and the Municipal Commissioner, Gaya got enquired the matter and during pendency of the enquiry a proceeding under Section 107 of the Cr.P.C. was initiated between the parties. It is also pointed out on behalf of the petitioner that prior to institution of the present case, the mother of the informant lodged S.C./S.T. P.S. Case No. 07 of 2015 against the petitioner and others on the basis of almost similar facts and in the aforesaid case, petitioner was granted anticipatory bail by the learned Sessions Judge, Gaya. It is further contended by him that when informant and his family members could not succeed to send the petitioner in jail, the informant again lodged this false case.

Annexure-5 series to the petition reveal that in the alleged occurrence, altogether three ladies sustained injury and one injured, namely, Savita Devi sustained grievous injury on her scalp.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, in my view, it is not a fit case for grant of anticipatory bail and accordingly, the prayer for anticipatory bail of the petitioner in connection with Civil Lines P.S. Case No. 123 of 2015

pending in the court of Chief Judicial Magistrate, Gaya stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner. (Hemant Kumar Srivastava, J) SHAHZAD/- U T